residents of the buckeye state are deluged with political ads, pollsters, media attention and this week the the candidates themselves. yeah, with six weeks to go, the polls show a neck and neck race in ohio is a must-win state. tax the rich, says the president, grow the economy says mitt romney. and the rasmussen poll will be released and you'll see it. good news, gas prices started to come down and triple-a says we're down about 7 cents a gallon from the peak. good news. how about this stock? a goldstar for chicago teachers, awarded by two top union officials, what a way to start the week. here we are ready to go and apple is down big. "varney & company" is about to begin. night-vision goggles, like in a special opsission? you'd spot movement, gather intelligence with minimal collateral damage. but rather than neutralizing enemies in their sleep,

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♪ >> all right. it is monday, september 24th, six weeks to go and the election

campaigns have returned to the economy as issue number one. ohio sets the stage again this week to win the white house, we are told, you must win ohio. paul ryan is going on his bus tour and the president later this week, but he's laying the seeds of class warfare, here is his new ad. >> mitt romney attacked 47% of americans who pay no income tax, including the retired, disabled-- doesn't the president have to worry about everyone? >> class warfare? mitt romney is not apologizing for his wealth or tax rate of 14%. and few mention the 4 million that he gave to charity. look, he explains the benefits of lower rates for investment gains and he explained it all in an interview with 60 minutes last night. >> it is a low rate and one of the reasons why the capital gains tax rate is lower is because capital has already been

taxed once at the corporate level. as high as 35%. . >> so you think it's fair? >> i think it's the right way to encourage economic growth, to get people to invest and start businesses to put people to work. stuart: can you get elected if you support a lower tax rate on investment gains? good question. we'll ask it throughout the show. with income envy, and as a back drop for the race. let's take a look at the latest poll from gallup national poll. obama 48, romney 46. if this class warfare argument is working and we're told it is, shouldn't the president be up by a lot more. >> accord to go rasmussen, the president has only a 1 point lead in ohio. so that state, key state, basically, a dead heat and by the way, scott rasmussen will join us later this hour, a couple of minutes in fact with his latest daily national tracking poll. in our next hour, we'll talk to radio hosts from ohio, and are people tired of the race already? it's every single commercial on

tv, a political ad? yeah, most of them are. all right, and we'll put the entire ad, that president obama is running in ohio on our facebook page and we'll read some of your comments later in the show in the next hour. check pre-market apple, the stock is down big ahead of the opening bell because the company says it sold 5 million new iphone 5 phones in three days after its launch and that's way below what many people expected. some are looking for 8 or 10 million and the stock will be sharply lower when that opening bell rings. president obama successfully made success a bad word in america. you're rich, you didn't earn it. mitt romney is one of the main targets, will that work? it's our big theme on "varney & company" today, income envy, is it worth it? is it going to work? an election slogan. art laffer, the architect of president reagan's policies, coming up right after the opening bell.

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it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage than all other networks combined. >> all right. we're going to expect. we expect to see the dow industrials open maybe 50 points lower this monday morning when trading begins and that's about 30 seconds from now. we're about to get some video in from china. there was, what was described as

a riot or a large scale brawl at a factory where they make parts for iphone products or apple products and/or nintendo products, we're not exactly-- parts for that. there's the picture we've got. you can see some things on the side there. the factory was closed and we don't believe that that's having any effect on apple stock. they're going to react in a separate matter and pays for the iphone 5 and apple stock is down. trading has begun and september the 24th, he we expected the dow to open lower, to the tune of maybe 50 points. there's not much else in the news back drop except the news on apple. let's deal with that. a lot of apple news, and reporting that apple gave retailers small supplies of the iphone 5 maybe to increase the lines of people trying to get

them and couldn't get them. the apple supplier closed the plant after personal dispute turned into a brawl in china. 2,000 people involved apparently and looks like it was a fight between rival groups of workers at that plant. now, apple is open for business. nicole, let's bring you into this. you're on the floor of the exchange there. apple is way down. what's the news on iphone 5 sales? >> well, here is the deal. the deal is that the sales, while they were record sitting, were disappointing to some folks. they came in below some the higher estimates and this stock is down 2.1%, and they sold 5 million iphone 5's, over 5 million this weekend. but you know, there were some folks who were-- >> oh, i think most people were expecting a lot more. and i heard 8 million. somebody was way out there with 10 million. and some are disappointed and

why the stock is moving, nothing do with the brawl at the factory, i think the iphone 5 is taking apple down there. >> and you hear, some people apologizing, they're building them as fast as we can, et cetera, et cetera. stuart: maybe that was just to keep the buzz going. i don't know. look, down 15 bucks, we'll be back to you shortly. oil and gas prices affect your wallet oofr day. both are headed down. look at the price of oil. a big drop, buck 27. back to 91 a barrel and national average for gas was down 1/2 cent overnight, down about 3 cents over the weekend. down 7 cents from the high. we're quoting a national average now at 3.80, diesel $4.10. back to the big story, which is the election. we'll call it income envy in america and in a race for the white house. let's bring in art laffer,

former reagan economic advisor, he joins us from national. all right, i want to draw your attention first of all to what governor romney was saying on 60 minutes last night. he was defending the the low tax rate 15% on investment income. i'm going to ask you a political question, i guess. can you get elected in america today defending a low tax rate on the profits you make in stock trading or other investment income? is that a good line of attack? or defense in an election? >> i don't know if it's a good line, but a lot of people are elected and proposed exactly that. my view of course, i think we should have one tax rate on all, from dollar one to dollar m like gary brown had when he ran for president. a 13% rate to replace all federal taxes, that's the way i feel. but a the lot of presidents have kept the rates low. clinton cut the capital gains

tax rate and a lot of presidents have done that and elected again and very popular. stuart: i think i it get the sense though that in this election, president obama is playing the class warfare card very successfully. >> it's amazing, yes, i don't understand why it works here. i mean, i've seen this in many other countries and they call it the tall fleet syndrome and cut any piece that grows too rapidly. we're all in this country. old, young, black, white, male, female. rich, poor, on the same people. no american can be made better off by pulling a fellow american down. and every one of us is made better off when one of us is made better off, a rising tide. i think it's far better to sell the story that we're altogether. i mean, you need rich people to provide jobs for people who are struggling. and you don't want to make the rich poorer. what you want to do is make the poor richer and balance up from

the bottom and not pull down the top. stuart: i'm going to try to paraphrase governor romney's tax plans, lower tax rates for individuals and corporations and lower across the board and cut some loopholes and deductions and then you grow the economy because you've got more money flowing out into the economy. >> sure. stuart: does at that work for you? is that viable. >> of course-- >> tax policy? >> that's exactly what reagan did, that's exactly what we did in the '86 tax act. exactly what jack kennedy did and bill clinton did, really and what jerry brown ran on in 1992 was the 13% plan. it would work wonders for this economy, it would provide prosperity for all groups, old, young, rich, poor, male, female, black, white. it's a -- it's a no discrimination job provider. stuart: it would raise the deficit in the short run. wouldn't it? i mean-- >> no. stuart: no? not even in the short run?

>> no. you get all the rich people who awed of a sudden would pay taxes instead of hiring lawyers to find the loopholes, this thing would take off like a jack rabbit. stuart. would maybe satake time to implement a tax. lose revenues like we did in '81 and '82 once the tax cut took effects. once it does, this place goes crazy. it's amazing to me how tax cuts don't work until they take effect then they work like mad. stuart: do you think we could get 7% growth in a calendar year in this country as we did in the very early 1980's? do you think we could do that? >> yes of course, easier than back then. because i think that obama has hurt the economy a lot more than jimmy carter did. i mean, you really had a horrible situation in 1980 and '81, '82, on the heels of jimmy carter, but it's even worse

today. and so i think we could get those growth rates quite easily with an overall fiscal and monetary reform. i think it's prime for doing something right. >> okay, art laffer, it's always a pleasure talking to you from nashville. join us again soon. >> thank you, sir, i will. stuart: and president obama by the way, over the week. he's in wisconsin and in wisconsin, too, that is-- look at this wad of cash that he pulls out to pay for it. i don't know if you can see that very clearly. maybe it's just a 20 on the outside, and the rest is a single. i don't know about that, but we're talking about income envy and certainly appears to be a nice pile of cash in the president's wallet. that is a wallet, ladies and gentlemen. and this weekend, pulls it out in wisconsin and california passes another law that could lead to more businesses fleeing that state. and the new york times urges governor brown to sign it. wait till you hear the latest

assault on free enterprise in the formerly golden state. that will be one of our new at 10 stories. government motors, i call general motors, the chevy volt not caught on the way that they hoped. now they're discounting $10,000 a car, coming off the $40,000 sticker price. nicole, gm stock please. >> yeah, gm stock is down 1.07%. we'll build it, and make it super cheap and then they will he' come and that seems to be what's going on here now for general motors. they're building the electric cars, the volts which cost them thousands of dollars each one that they built, but they are he' starting to sell more now. talking about giving discounts up to $10,000. so, this is the stock there, 1.5% lower. stuart: so it's at $24 a share, it's got to go to 53 before it can be sold and the taxpayers get their money back. okay. all right, nicole, dow

industrials as we suggested before the opening bell, down 45 points. we were looking for 50 and that's what we have at this hour. time is money, so, 30 seconds, here is what else we're watching for you. the iphone 5 is out, millions of people love it, but is it the best phone out there? there's a battle of course, with the samsung galaxy. who is winning the smart phone battle? what's the best product? we'll ask robert stovall. is now a good time to buy a home or rent? depends on where you live says one of our real estate watchers. i'm not so sure of that. buys because of the tax break. mitt romney gives to charity, 4 million to be precise, but that's totally ignored by the mainstream media which focuses only on his tax rate. my focus at the end of the show.

and chime in at varney@foxbusiness.com and that's how you reach us. it's monday morning and i have the 7 early movers. tivo settles patent litigation with verizon. watch out verizon time warner cable now carries nfl network and red zone and green mountain coffee took a hit after a rival shows a single serve kief maker. very little changed. the truck maker quest corps says it was invested by the government over promotional practices and it's down 32%. citigroup downgraded u.s. steel from neutral to buy, not much, but a 3% drop. and also downgraded ak steel. downgraded to sell from a neutral. that's a downgrade. and their stock is also down.

drug maker peregrine says the lung cancer trial major discrepancies, and whacked down 77%. the dow industrials are down 39. this week, it's battle ground ohio. president obama and mitt romney are neck and neck in the polls and scott rasmussen has his all important latest tracking poll. if he's succeeding, the president is succeeding with the income envy message? why doesn't the president have a bigger lead? that's next. [ male announcer ] at scottrade, you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit,

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relatively trading. look where the dow is, 13,540. now, this is very interesting because the economy is not doing that well. it's certainly not a booming economy and the profits appear to be coming down slightly and nonetheless, the dow industrials say monday morning are within 600 points of their all time record high. why is this, why so high? maybe because ben's printing, mario is printing and japan is printing, maybe that's not something to do with it. real movement there and we're at 91.85. that's where we are for oil. the latest daily tracking poll from rasmussen report just released this morning, let's go to scott rasmussen, what's the poll there, scott. right now president obama is at 47% and mitt romney is at 46%, when we pushed those who were undecided and asked where they're leaning

tied up at 48%, still a toss up. stuart: i mean, an absolute dead heat in your tracking poll. let's be clear, you poll likely voters, right? >> that's correct and the only other tracking poll there on a daily basis, gallup showing the president two, but that's among registered voters. >> now if you look at your internals, are you skewed toward republicans or towards democrats? is there internal skew? >> right now, there's 39% of the sample are democrats and 36% are republicans. that's right between the turnout we saw in 2004, which was a great year for republicans, and 2008, a great turnout year for democrats. >> so, we've not seen the breakout yet. is that a usual mid to late september of election year? i can't remember, '04, '08 and the ones previous to that. well, in '08 we were just seeing

the big push by obama right now. in fact, four years ago yesterday, obama and mccain were tied and mccain had been losing ground following the convention bounce and then he made the comment about suspending his campaign and it's all over. >> four years ago, and last week as well. that was essentially the financial panic of '08. john mccain, as you say, suspended his campaign, and he agreed with the bailout and barack obama stood off, looked sort of aloof from the frey, and took off in the poll, but that was then, this is now, and this is a very different election here. >> absolutely. four years ago, neither mccain nor obama knew how to respond to the meltdown, hardly anybody did. but president obama was wise enough to be quiet about it. john mccain spoke every day and showed he didn't know what was going on. this election cycle we have a dynamic where it's very close heading into the final stretch. we have the first debates next week, there's news in the the

middle east and shaken up. we're still not sure where the economy is heading. and i would expect this race will be closer than it was in 2008. but, it's not at all certain it's going to end up dead even the way it is right now. stuart: great to be in the news business reporting this stuff. and even better to be a pollster i suggest. >> it's a fascinating time, sure is. and by the way, stuart, in the swing states, things are just as close. the three biggest states, ohio, florida, the president is up by 1 or 2 points in each of the states, we're in a tossup. stuart: great stuff for pollsters. scott, always a pleasure. thank you. >> thanks. stuart: it's 9:49, giving you the gold report. 1764 an ounce. a lot of the talk is about the replacement refs, yes, it is,

patriots coach bill belichick went so far as to grab, look at this, grabbed one of the officials after losing a poorly officiated game last night. should the nfl cave to the demands of the regular refs? they want more money, should they get it? these two are going to deal with it. i'll stay out of it. [ male announcer ] you are a business pro.

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>> oh, there's a lot of anger the at the nfl's replacement referees. here is the coach bill belichick grabbing the referee's arm about a call. he thought the field goal missed and the refs said good. and the real refs are still locked out and asking for a raise even though the top guys make $150,000 a year, for about a half year's work. all right, everybody, the nfl's got a ton of money, liz, should they cave and pay more to the regular refs to get them back? >> no, this is a story of the victim of their own success, they are he' going to have annual pay increases anyway, except when they resolve the contract issue and by the way they want a guaranteed pension, right? they he don't want the 401(k). i would say with the pay increases, that will more than make up in the 401(k) plan, but

they should be getting from-- >> a hard line from liz. >> belichick, belichick is one of the most calm, and see him grabbing refs. one thing is not talked about, and that's not necessarily are numerous and rules and regular laces, whenever you have that many rules and rellinglations impossible to keep order. it's sort after metaphor what's happening in the united states and countries all around the world where you have, you think you can solve every problem by new regulation, and you have so many different regulations concerns unsportsman like conduct. about ten of them delay of games and illegal, tackler using a helmet to butt. too many regulations for problems on the field. >> and so should the nfl cave and pay more to the regular refs to get them back? >> no, too many--

>> we're going to get e-mails on this, and we will watch whether we've got replacement refs or regular refs. >> we'll watch. >> of course we will. >> and i'll watch, there you go. >> two stories from two states, each will make you angrier than the next, first, union heads give chicago teachers a goldstar for their strike, that shut down schools in seven days, and then, there is california, the formerly golden state where the governor is set to sign a bill that could push even more businesses right out of the state. next.

♪ stuart: new at 10:00 a.m., a truly only in california story. all signs point to jerry brown. q that exodus of private business from the formerly golden state. and illinois, teachers back to school for less than a week in chicago get a gold star. unbelievable. however, we will do with it shortly. the dow is at 13,541. elizabeth mcdonald is with us. i thank you for stepping in to

my place on friday. tracy: >> the show was not the same without you. stuart: david asman and nicole petallides are also here with us. apple sold 5 million iphones. nicole: we talked about the estimates that were much higher than 5 million. it was a record for the iphone launches that we have seen in prior months and years. these were great sales, but, however, it was a bit of a disappointment. stuart: anytime you see a different apple, many people take it as a buy signal. nicole: people are doing that because they are just trying to get them fast enough and you have all the analysts with a

price target. stuart: when we went on the air when the markets opened, we are down six and coming back, i think. thank you very much, indeed. jerry brown close to signing a bill which would set up a state run retirement fund for private sector workers. if an employer does not offer a pension fund, it will be required to enroll workers into a state run system. liz, you are clearly fired up. >> if you do not comply with this law, you will be fined. you have to guarantee the pension for your worker without any concern on the states part to the cost, also, koppers is in the running to manage. it is nearly $40 billion already in the hole.

do you think they will set up a lockbox for this pension money that is coming in from the workforce? i don't think so. sacramento clearly is now the union. >> the taxpayer will not have to pay a dime. in other words, you can make terrible investments, these businesses could go out of business and still the workers will get the money from the pension funds. we know that is just not real. eventually, the taxpayers will have to bail them out. stuart: if you force rabid employers to do this, and they will be forced to pay into the fund, then why would you open a

business in california. this state is already hemorrhaging money and jobs and people. >> there is a big exodus to places that surround them. [ talking over each other ] it is not happening because people still, california still has this alert that other states do not have. that huge pacific corner that they have. [ talking over each other ] it has not happened yet in california. i am not sure why. i am talking about the overall net net.

this may actually push them over the tipping point. >> the teachers invest in bain. stuart: i lived in california for years. it is a wonderful place. >> looking the private sector to look more like the private sector. >> mitt romney attack 47% of americans who pay no income tax including veterans, elderly and disabled. doesn't the president have to worry about everyone? stuart: meanwhile, mitt romney

is not apologizing for being a successful business man or how much he pays in taxes. >> it is a low rate. one of the reasons why it is lower is because capital has already been taxed once at the corporate level. >> you think it is fair to mac yes. i think it is the right way to encourage economic growth. stuart: very interesting dynamic. joining us right now from cincinnati is ryan thomas. can you turn on a tv and ohio without being a political ad? you must be guarded right now. >> no, you cannot. nor can you turn on the radio.

it does tend to wear one out. i think it tends, after a short period of time, everyone's eyes to glaze over. stuart: we have done the latest polls this morning. and ohio, the president has a two-point lead in a gallup poll which is a poll of likely voters. that is within the margin of error. it is pretty much a dead heat at this point. the president is attacking with what seems like a powerful line. look at this rich guy. he does not care about you. he does not care about the 47%. i would have thought that was a successful line of attack. apparently, not.

>> it has come to the point where it will cite to pursue historically and successfully choose. it is failing as we speak and greece and europe. why we would go down that road? it is absolutely crazy. it is not reflected in the polls. that is as perplexing to me as it is to you, sir. why is this? the only answer, maybe, we are still reeling from the whole issue to the senate bill five issue. there is that lingering union money out there. stuart: people call into your radio show. you hear a lot from the right as opposed to the left. this is purely anecdotal.

i hear the right is fired up. enormous enthusiasm for changing the guy at the top where as the left is far more defensive and less enthusiasm. that is anecdotal on my part. what do you say? >> absolutely. that is why i am smiling. in agreement. the face on the conservative side, i am a libertarian of philosophy. i politically go back to the first reagan election and certainly the second. i have never seen anything like this. people are going to rallies and education seminars on how to impact politics. people are getting up off the couch for the first time. it is easy to answer a phone call paul. will they get their voters out

in 2008 on the democrat side? i do not see enthusiasm. stuart: always interesting to hear from someone in ohio at this moment. you are right in the middle. brian thomas, thank you very much. earlier today we ran a picture of president obama buying a sausage and he was paying out of his wallet and he had a whopping wad of cash. >> probably 20s wrapped around 100. stuart: mike had this to say on our facebook page. he should have used and ebt card. if it is good enough for his supporters, it should be good enough for him. that ebt card is in electronic

benefits transfer card. also note as a food stamp card. follow us on facebook and john and. apples that is sold more than 5 million iphones three days after its launch. that was below most estimates. is it really that special? samsung says it is not. it is out with a new ad. robert is our man in silicon valley. he joins us with this verdict. the president of egypt is coming to new york today. he will not meet with president obama peered mr. obama did thank him for helping to protect the u.s. embassy in cairo.

we give this country billions of dollars in aid. you are upset about that. >> yes, i am. he should be condemning and arresting these mobs. this is a narrative of victimhood. you cannot claim victimhood any longer. you have to be a leader. you have to be a moderate pluralistic type of democracy for us to do business with you. no apology for anything. >> bottom line it is our money. if it is an our interest to give it away, it is also an hour interest to condition that. if you cannot protect our

embassies and the people who work there, we will not give you that money. maybe every dollar it they loose will go to israel. stuart: that would be interesting. president obama will not meet one on one with him. he will go on "the view" tomorrow. randy weingarten president of the national presentation of teachers say the teachers deserve a gold star. the judge is next. will he agree? a little bit more vanilla? this is great! [ male announcer ] at humana, we believe there's never been a better time to share your passions... because the results... are you having fun doing this? yeah. that's a very nice cake! [ male announcer ] well, you can't beat them. [ giggles ] ohh! you got something huh? whoa... [ male announcer ] humana understands

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♪ stuart: we will get to stocks in a moment. that action today is then commodities. let's start with gold. down $12 this morning. price of oil is off this morning also. we are told this is because of a globally local economy. gas is also going down. three cents over the weekend. down to $3.80. now, the stock market. we are holding with a loss of 47 points for the dow.

not bad for a week economy. we will show you one individual stocks taking a big hit. a pharmaceutical. ember that escapes from a wildfire

can travel more than a mile. you can't control where that ember will land only what happens when it does get fire adapted now at fireadapted.org stuart: i will get back to one of our new ad 10:00 a.m. teachers giving a new turn at the strike. the title is a gold star at the chicago teachers strike.

the union wants to not just focus on instituting a longer school day, but making it a better school day. additional fee time does not constitute a good education. no details on how to make it better. all rise, the judge is here. >> obviously, i opposed this strike. it is a terrible loss that allows teachers to strike. obviously, police, fire, ems cannot strike. teachers striking can be just as dangerous to the morality of children. stuart: it is legal and illinois, not in wisconsin. >> correct. here is the one good thing. this is one of the worst public school systems in the country. the dropout rates are truly reprehensible.

stuart: what is good about the strike? >> i wonder how many people in chicago -- as a result, which i opposed, they can speak, organize, joined unions, they cannot jeopardize children. [ talking over each other ] stuart: that is all we got out of this? >> i disagreed with their arguments in the "wall street journal" that they deserve a gold star. they deserve a scarlet letter. stuart: the fact is they want an evaluation. what concerns the parents and the students out there if you have a lot of lousy teachers who continue to get paid, continue to do damage and they say do not fixate on testing. >> i have a lot of teachers in my family. [ talking over each other ] hang on.

not out of ten of the students are in poverty. i thought this was about teacher benefits and layoff pensions. >> there was a time or thought ron emanuel welcomed strikes. i think giving into these teachers await the city did is reprehensible. >> parents are unaware. parents know exactly how about the school system is. i taught in chicago school systems. they know exactly how bad it is. the one good thing that came out of this is the focus on charter schools. a lot of parents think we will take is failing public school and turn it into that. >> i am on your side on this,

david. that is a good that comes out of strikes. we find out how bad this situation is. we now know this is the worst, large major cities public school system in the united states of america. stuart: randy weingarten who led the teachers union either in new york city or new york state, she left to take the national job in washington, d.c. when she left she took with her a check for $194,000. >> from whom? stuart: that was from the taxpayers, essentially. it was for unused vacation time and sick time. a check for $194,000. >> can i make a blog for a movie

that just came out. "won't back down." it is a rare hollywood movie that does not go in favor -- stuart: you should be reading the prompter. [laughter] >> i jumped the gun. stuart: this movie addresses the very subject of teachers unions and the reforms they are blocking in the intercity schools. david asman saw the movie and he will give his opinions next. [ female announcer ] want to spend less and retire with more? at e-trade, our free online tools and retirement specialists can help you build a personalized plan and execute it with a wide range of low cost investments.

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loss for the dow jones industrials. nicole: citigroup cut. two big names that we follow. you can see both with down arrows. citigroup cut them to a cell. they have been cutting these stocks because they just are not seeing the demand. stuart: the global economy is weak and they look bad. the big story is facebook. nicole: still too pricey. encase you don't see what that is, that is a dumb going like this. the stock is down 7%.

stuart: it went from 18 to 24th. we talked about the power of teachers unions. two parents, one of them a teacher, taking on the union. it is called "won't back down." >> try it again. >> i can't. >> i cannot wait for $10,000 of studies. stuart: this is a fox movie. our parent company. david, you saw this movie. >> it was great. this is about parents and teachers, primarily parents, who are fed up with failing

education and decide to do something about it. it shows what a monumental yurok receipts the public school system has done. the way which the unions have become separated from the job of teaching. they are so focused on the pension plans and deals they are working that they have forgotten about the very basics of teaching. you need to start a charter school. most states, even pennsylvania, this is based on a true story, it provides a way to get out of the public school system. the union was organized outside the theater. they were chanting away. stuart: liz, you brought us a personal story about your relatives in the new york fire department. do you have a personal story about a teacher?

>> my grandmother, my mother, my sister-in-law, my niece are all teachers. my niece just took a job at a charter school did she wants to do well. she will get bonuses based on doing well. >> this movie is called "won't back down." stuart: your niece, initiate union member? >> no. >> apple says it sold 5 million of the iphone5 phones send it want him fail about three days ago. that is well below estimates. is the new iphone that special look back samsung does not think so. we have a tech guru next.

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stuart: we have talked a lot about chicago this morning. let's keep up the pace. joining us now is larry levin. i was going to ask you about oil and gas. you are in chicago. what impact on you from the chicago's teacher strike, which by the way, the strike and teachers should get a gold star. that was in the "wall street journal" this morning. i want your reaction. >> i guess you get a gold star if you don't get this happened in the first place and kids are in school at the right time and we don't miss any classes and don't deal with this situation. that is when you get the gold star. you do not get the gold star for fixing the strike, you get it for not being in the strike. stuart: you have 43 or 50

employees? >> we have over 40 employees. luckily, we have a few different offices where the kids were able to get in front of computers and do some homework and play games like that. the parents were pretty frustrated. they did not want to ask me if they could bring their children to work, but they really had no choice. stuart: you pay the highest gas price in the nation. >> yes. downtown chicago it is about $4.80 or $4.90 a gallon right now. stuart: i have one last question. why don't you move? why do you stay in chicago? come to new york. >> i was just in new york a few weeks ago. chicago has been my home. i live very close to work.

unless you move this place to new york, i am stuck here. stuart: great having you on the show. samsung taking a job at that apple baseball and its latest ad >> this is for ge. >> yeah, we have had this for a wild. >> you can watch video while you are sending and e-mail. stuart: that is an add by samsung. it starts out like it is an ad for apple. it is clearly a jab. we now have robert scoble with us. i don't know what he is doing. [laughter] i want your opinion. forget that ad for a second.

in your professional opinion, which is the better smart phone? >> right now the iphone is faster. if you look at all the tests, iphone is the faster of the phones. for normal people, i recommend the iphone. these two forces will be battling for a wild. the rest of the market is really struggling. have we talked a bit about microsoft? not at all. stuart: before we start knocking the company whose stock i own -- normal people. to normal people you would recommend the iphone5. >> people who are not really hard-core rogue rumors or geeks

like me who keep up with the latest, latest stuff. the iphone is just smooth all the way across. it has less tech support. i like apple platform better, but like the ad showed, there is innovation and other platforms that is not showing up on the apple iphone. stuart: if you have the galaxy, do you know how to program a half yourself for that phone? >> no. the screen has more flexibility. it is more complex. i am dealing with my parents who just got on facebook this year. they are not advanced people. handing them something that is very complex gets them lost.

when i worked at microsoft, i worked on a customer support line. it took half an hour to teach someone to drag an icon across the screen. most people are like that. stuart: you are so cool, robert. one last one. have you picked up and used the new microsoft phone? >> yes, i have. it is a very nice phone. the developer tools are nice. it is getting very little support from developers. everything is competing with those two. it will struggle for a wild. stuart: all right.

[laughter] i tried. that really hurts. for the tech kind of god and all regular people iphone5 wins and the samsung. >> it is a better designed phone right now. the iphone drops better--

♪ stuart: to start the new week, it is september 24, it is a monday and the market is really going sideways. the dow is 13,500. i have two big stories involving apple this morning. disappointing sales of the iphone5, 5 million sold. the stock is down. there was an incident at a fox, factory in china. a huge fight.

not clear if this factory is doing work for apple right now. general motors offering discounts of up to ten grand on the chevy volt. we are coming back in just a few seconds time talking about real estate, rent or buy. ♪ you'd spot movement, gather intelligence with minimal collateral damage. but rather than neutralizing enemies in their sleep, you'd be targeting stocks to trade. well, that's what trade architect's heat maps do. they make you a trading assassin. trade architect. td ameritrade's empowering web-based trading platform. trade commission-free for 60 days, and we'll throw in up to $600 when you open an account. but with advair, i'm breathing better. so now i can be in the scene.

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big. nicole: down over 6% today. down significantly from the ipo price. they just talked about the fact that they are still to pricey. that experts on the street are saying $15 is the right price. stuart: 15? nicole: $15. if that is the case, there is still a long ways to go lower. stuart: i think zuckerberg will be worth five or 6 million. nicole: he was the one thing -- while it is low. stuart: should you rent a home or buy one? it depends on which market you are talking about. we have a treat today. this woman does business, the

real estate business, and south florida. she is in new york today. i want to ask you about renting or buying specifically and florida. >> miami and for lauderdale. stuart: if i am out there, i am down there, should i buy or rent? >> you should buy. right now and south florida we have this lack of industry. stuart: you are in south florida and you do not have enough homes to satisfy the demand of virus? >> no. as we said before, there are a ton of people who are not listing right now. they are still under water. prices are increasing, that is

good. stuart: it would not take much to get you above water. >> i just recently sold a townhome 950,000. the original seller bought it for 147 -- 1.7. stuart: in that market, in the south florida market, your recommendation would be by if you can. if you can account for all the cost of buying and owning -- switch markets. what about if you are in california. san jose, for example, would you make the same equation there? >> there it is taking about eight years to break even. it may make more sense to rent. for better or for worse, eight

years is a long term commitment. stuart: kind of like a marriage. okay. >> renting is dating. twelve months, move on. stuart: san jose to buy a home and stay in it for eight years. you need that commitment level. how is business in south florida? >> business is booming except for the fact of the black of inventory people have to resort to renting. i have clients in the million dollar price range. it hurts them and hurts me. stuart: i cannot find a condo for 150-$200,000. >> you can, you just have to act fast. there are plenty of other people who are ready to go.

stuart: thank you very much. next, my take on the main street media's take on mitt romney this is great! [ male announcer ] at humana, we believe there's never been a better time to share your passions... because the results... are you having fun doing this? yeah. that's a very nice cake! [ male announcer ] well, you can't beat them. [ giggles ] ohh! you got something huh? whoa... [ male announcer ] humana understands the value of spending time together that's a lot of work getting that one in! let's go see the birdies. [ male announcer ] one on one, sharing what you know. let's do it grandpa. that's why humana agents will sit down with you, to listen and understand what's important to you. it's how we help you choose the right humana medicare plan for you. because when your medicare is taken care of, you can spend more time sharing your passions. wow. [ giggles ]

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stuart: on friday, romney

revealed his tax returns for 2011. it made interesting reading. but what was more informative was reading the media headlines. here is my take. 14%. that was the number that dominated. 14% of. in almost every headline. they wanted to create the impression that romney does not pay his fair share. the tone or did on contempt. 14%. just another rich guy avoiding loopholes to pay up. that is more than almost everybody earns in a year. he did not use loopholes. most of his income came from his investments which we taxed at a lower rate to encourage investments.

guess what else the media left out. the $4 million donation to charity. that is for million dollars. how much did joe biden give? oh, by the way, romney could have deducted all of that donation. he did not. the media disdains private charity. they think helping people in need is a government responsibility. we should be taxed more and forced to help others. that is why the government is booted to the back of the story if it was mentioned at all. the media will have all stories to get the president reelected. many many years ago, the media does take sides. there is a liberal bias. once again, the elite have let america down.

>> i make a plug for a movie that just came out. it happens to be a fox movie but even if it wasn't, i would be plugging it. it is called won't back down. it is rare hollywood movies that doesn't necessarily go in favor of the unions. stuart: you should be reading the prompter. on the prompter it says there is a movie in theaters right now -- [laughter] david: i jumped the gun. stuart: yes you do. this movie addresses the very subject of teachers unions. yes it does and david asman has seen it. it's called won't back down. what particularly intrigued me is when you said it is not like a normal hollywood movie in the sense it goes after a public sector union. david: think erin brokovich.

stuart: right. david: there is a populist uprising in america right now and it is against the public sector bureaucracy. unfortunately public sector unions have become a problem. they are part of the problem, not the solution. you have to go back to the 1950s to get this kind of movie. stuart: let's go back there, should we? nothing wrong with that. one last word on california that will set up a pension fund and force private employers to pay into it. liz: guaranteed pension that private companies are going to have to launch in the state of california. they are also going to be fined 750 bucks per worker per -- you know. here's the issue, if taxes and government regulations the way to go, why was california's unemployment jobless rate nearing 12%? i don't understand that. david: by the way now the chicago symphony is also on strike. gas prices 4.80 a gallon for regular. stuart: that's what he told us. we're out of time unfortunately but there's always time for cheryl who is going to take